Reply to Executive Order on RIFs coming today

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Reply to "Executive Order on RIFs coming today"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Meh only Congress can RIF. Waiting for the court ruling in 3,2,1…[/quote]
Yes, RIFs are governed by specific statutes. They don’t just happen because a President arbitrarily orders them. [/quote]

The basis for NO Reduction in Force (RIF) without a reduction in funding primarily stems from federal appropriations law and Office of Personnel Management (OPM) regulations governing RIF procedures. Here are the key legal foundations:

1. Appropriations Clause of the U.S. Constitution
	•	Article I, Section 9, Clause 7: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
	•	This means the Executive Branch cannot eliminate federally funded positions without congressional authorization unless the appropriated funds are insufficient to sustain them.

2. Federal Personnel and RIF Laws
	•	5 U.S.C. § 3502 (Retention Preferences and RIF Regulations)
	•	Establishes the legal framework for RIFs, stating that they occur when there is a “lack of work, shortage of funds, or reorganization.”
	•	Without a shortage of funds, agencies cannot conduct RIFs simply for management convenience unless Congress authorizes a restructuring.
	•	5 C.F.R. Part 351 (OPM RIF Regulations)
	•	Defines RIF procedures, specifying that an agency must justify the RIF based on lack of work, shortage of funds, reorganization, or the exercise of a reemployment right.
	•	Agencies must follow these regulations when separating, demoting, or reassigning employees.

3. Impoundment Control Act of 1974 (2 U.S.C. § 681 et seq.)
	•	Prevents the Executive Branch from withholding or delaying congressionally appropriated funds without approval from Congress.
	•	The White House cannot refuse to use allocated agency funds to force layoffs unless Congress explicitly rescinds or reduces those funds.

4. Antideficiency Act (31 U.S.C. § 1341)
	•	Prohibits government officials from making financial commitments exceeding available appropriations.
	•	If an agency is fully funded, ordering a RIF without a funding shortage could be seen as an unlawful refusal to execute appropriated funds.

5. Federal Vacancies Reform Act (5 U.S.C. §§ 3345–3349d)
	•	Limits the President’s ability to bypass Senate-confirmed leadership and appoint temporary officials who could otherwise attempt to execute mass layoffs without proper authority.

Bottom Line:
	•	RIFs require a legal basis—either a funding shortfall, reorganization, or lack of work.
	•	If Congress has fully funded an agency, the White House cannot unilaterally RIF employees unless:
	1.	Congress authorizes a reorganization (e.g., through specific legislation).
	2.	The agency faces a legitimate shortage of work (not just a preference for downsizing).
	3.	Funds are rescinded or restricted by law (requiring a congressional act).

In summary, a lack of reduced funding means an agency has no statutory basis to RIF employees unless Congress explicitly permits it.[/quote]

I like posts like this for education. But those who believe this provides any protection are so short sighted. The decision makers know all of this and have a strategy for moving forward anyway. One they’ve spent years with some pretty excellent strategists, albeit misguided IMO, laying the groundwork and making their plan. Who knows if it will work. But the statutes and regulations are meaningless when it comes to preventing harm because the courts are slow. And the strategists had to have anticipated and planned for the setbacks.

And I can’t help but think that much of America believes that efforts to save
Government workers is anything but wasteful and that these regs exist for any reason except to waste money on worthless government workers.

Anyway I do appreciate the post and I am hoping that we can recognize America when the carnage is over. And I hope my fellow Americans, particularly my fellow DMVers, don’t suffer too much in the process. [/quote]

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